Introduction

1.1 Welcome to the Wayflyer Privacy Notice.

Wayflyer Limited, trading as “Wayflyer”, respects your privacy and is committed to protecting your personal data. This Privacy Notice will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.

Please use the Glossary to understand the meaning of some of the terms used in this Privacy Notice.

1.2 The GDPR defines “personal data” as any information relating to an identified or identifiable natural person (a “data subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person. The GDPR defines ‘special categories of personal data’ as personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation.

1.3 This Privacy Notice aims to give you information on how we collect and process your personal data through your use of this website, including any data you may provide through this website as part of our Online Application Process, by signing up for our newsletter or other marketing material, by submitting a query or by using other online services.

1.4 This Privacy Notice should be read in conjunction with related policies and procedures which Wayflyer maintains regarding its compliance with the GDPR.

1.5 Wayflyer is committed not only to the letter of the law, but also to the spirit of the law and places high importance on the correct, lawful, and fair handling of all personal data and on respecting the legal rights, privacy, and trust of all individuals with whom it deals.

1.6 This website is not intended for consumers.

1.7 It is important that you read this Privacy Notice together with any other Privacy Notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This Privacy Notice supplements the other notices and is not intended to override them.

2 Controller

2.1 This Privacy Notice is issued on behalf of Wayflyer Ltd, trading as “Wayflyer”, having its registered office at RBK House, Irishtown Central, Athlone, County Westmeath, N37 XP52, Ireland. Our company registration number is 602786. Wayflyer Limited, trading as “Wayflyer”, is the controller for the purposes of this Privacy Notice and responsible for this website.

(a) If you have any questions about this Privacy Notice, including any requests to exercise your legal rights, please contact privacy@wayflyer.com.

(b) You have the right to make a complaint at any time to the Office of the Data Protection Commission ("ODPC"), the Irish supervisory authority for data protection issues at info@dataprotection.ie. We would, however, appreciate the chance to deal with your concerns before you approach the ODPC so please contact us in the first instance.

2.2 Third-party links: This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the Privacy Notice of every website you visit.

Personal Data

3 What personal data do we collect?

3.1 Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

(a) We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

(i) Identity Data includes first name, last name, username or similar identifier, title and date of birth.

(ii) Contact Data includes billing address, email address and telephone numbers.

(iii) Financial Data includes bank account and payment card details.

(iv) Access Data  includes username, login and password details for your Bank Account, Card Processor Account and other third party services (including, but not limited to, Adwords, Facebook, Google Analytics, Shopify, Stripe and such other accounts as may be required from time to time), provided by you to us as part of the Online Application Process.

(v) Transaction Data includes details about payments to and from you and other details of services you have purchased from us.

(vi) Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.

(vii) Profile Data includes your username and password, service purchases or orders made by you, your interests, preferences, feedback and survey responses.

(viii) Usage Data includes information about how you use our website.

(xi) Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

(b) We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this Privacy Notice.

(c) We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data).

(d) We use Stripe for identity document verification. Stripe collects identity document images as well as advanced fraud signals and information about the devices that connect to its services. Stripe shares this information with us and also uses this information to operate and improve the services it provides, including for fraud detection. You may also choose to allow Stripe to use your data to improve Stripe’s biometric verification technology. You can learn more about Stripe and read its privacy policy at https://stripe.com/privacy.

(e) We may as part of our legal obligations under anti-money laundering legislation, require information in respect of any criminal records, sanctions or embargoes.

3.2 If you fail to provide personal data.

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, insufficient Registration Information). In such a case, we might have to cancel an Online Application Process but we will notify you if that happens.

4 How is your personal data collected?

4.1 Direct interactions.

You may give us your Identity, Contact and Financial Data filling in forms or by corresponding with us by post, phone, email, or otherwise. This includes personal data you provide when you:

(a) create an account on our website;

(b) engage in the Online Application Process;

(c) subscribe to our publications;

(d) request marketing material to be sent to you;

(e) enter a promotion or survey;

(f) apply for a job in our "Careers" section;

(g) give us some feedback; or

(h) submit a query through the Contact Us form.

4.2 Automated technologies or interactions.

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, insufficient Registration Information). In such a case, we might have to cancel an Online Application Process but we will notify you if that happens.

4.3 Third parties or publicly available sources.

We may receive Contact, Financial and Transaction Data from providers of technical, payment and delivery services such as Realex or Stripe.

5 How we use your personal data

5.1 Lawful basis.

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances where:

(i) We need to perform the contract we are about to enter into or have entered into with you;

(ii) It is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests;

(iii) Where we need to comply with a legal or regulatory obligation.

Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us at privacy@wayflyer.com.

5.2 Third party or publicly available sources.

We may receive personal data about you from various third parties and public sources such as Technical Data from the following parties:

  • analytics providers; and
  • social media pages such as LinkedIn

5.3 Marketing communications from us

We may use your Identity, Contact, Technical, Profile and Usage Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).

5.4 Opting out

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We have established the following personal data control mechanisms:

  1. You can ask us or previously authorised third parties to stop sending you marketing messages at any time by contacting us at privacy@wayflyer.com.
  2. Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a purchase of a service.

5.5 Cookies

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please see our Cookies Policy.

5.6 Change of purpose

  1. We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us at privacy@wayflyer.com.
  2. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
  3. Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

6 Disclosures of your personal data

6.1 We may have to share your personal data with:

(a) The parties set out below for the purposes set out paragraph 5 above

(i) Internal third parties as set out in the Glossary

(ii) External third parties as set out in the Glossary

(b) Third parties in the course of an acquisition, merger, equity investment or similar corporate transaction; and

(c) Third parties to whom we sell, transfer, or merge parts of our business or our assets; alternatively, we may seek to acquire other businesses or merge with them; if a change happens to our business, then the new owners or newly acquired businesses may use your personal data in the same way as set out in this Privacy Notice.

6.2 We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

7 International Transfers - EEA Customers

Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by using specific contracts approved by the European Commission which give personal data the same protection it has in the European Union (known as the Standard Contractual Clauses).

Terms of Business

Please read these Terms of Business carefully before using this Site.

“Confidential Information”

Means all documentation, technical information, software, business information, feedback, pricing, reports, trade secrets or know how or other materials of a confidential nature disclosed by one Party to the other Party and in connection with this agreement;

“Online Application  Process”

Means the Online Application Process completed by you and set out here.

“Registration Information”

Means the information required  in the Online Application Process and any follow–up or further information  requested from time to time;

“Services”

Means the application process  for, and provision of, Merchant Cash Advances and any other services provided  by us from time to time;

“Verification Documentation”

means VAT or tax number, Certificate  of Incorporation, passports and the like required by us to verify your Registration  Information and identity; and

"you", "your"

means the company set out in  the Online Application Process.

14 Use of Our Site and Services

14.1 These Terms of Business (together with the documents referred to in it) set out the terms and conditions on which you may make use of our website www.wayflyer.com ("our site"), whether as a guest or a registered user. Use of our site includes accessing, browsing, or registering to avail of our Services.

14.2 Please read these Terms of Business carefully before you start to use our site, as these will govern your use of it.

14.3 By using our site and/or Services, you confirm that you accept these Terms of Business and that you agree to comply with them.

14.4 If you do not agree to these Terms of Business, you must not use our site or Services.

14.5 In addition to these Terms of Business, you may enter other agreements with us such as our Merchant Cash Advance Agreement. If there is any conflict between these Terms of Business and such other agreement, the latter will take precedence.

14.6 These Terms of Business, the Merchant Cash Advance Agreement and any other documents or communications relevant to the Services will be provided to you electronically and it is a condition of your use of the Services that you accept them in that format. You further accept that all such documentation is "in writing" for the purposes of the European Communities (Directive 2000/31/EC) Regulations 2003 or similar in another jurisdiction.

14.7 We recommend that you print a copy of all documentation received from us for future reference.

15 Other Applicable Terms

These Terms of Business refer to the following additional terms, which also apply to your use of our site:

(a) Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us; you warrant that all data provided by you is accurate.

(b) Our Cookie Policy, which sets out information about the cookies on our site.

(c) Our Acceptable Use Policy which sets out what is not acceptable on our site.

16 Information about Us

www.wayflyer.com is a site operated by Wayflyer Limited, trading as “Wayflyer” ("we" or "us"). We are registered in Ireland under company number 602786 and we have our registered office at RBK House, Irishtown Central, Athlone, County Westmeath, N37 XP52, Ireland. Our VAT number is IE3392493WH.

17 Changes to these Terms of Business

17.1 We may revise these Terms of Business at any time by amending this page and will notify you of this accordingly. If you continue to use our site after any changes or revisions to these Terms of Business, this will indicate your agreement with the revised Terms of Business.

17.2 Please check this page from time to time to take notice of any changes we make, as they are binding on you.

18 Changes to our Site

18.1 We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.

18.2 We do not guarantee that our site, or any content on it, will be free from errors or omissions.

19 Accessing our Site

19.1 Our site is made available free of charge, on an "as is" and "as available" basis.

19.2 We do not guarantee that our site, or any content on it, will always be available or be uninterrupted.Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

19.3 You are responsible for making all arrangements necessary for you to have access to our site.

19.4 You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these Terms of Business and other applicable terms and conditions, and that they comply with them.

20 Login and Password

20.1 To use our Services you must register on our site. You will be asked to set a password as part of our security procedures; you must treat this password as confidential. You must not disclose it or your other login details to any third party.

20.2 We have the right to disable any password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Business.

20.3 If you know or suspect that anyone other than you knows your user login details or password, or if you see any unauthorised activity or transaction using your login you must promptly notify us at support@wayflyer.com.

21 Your Information and Verification

21.1 To avail of our Services we will require you to provide the Registration Information on the OnlineApplication Process [link]and as otherwise requested from time to time. You will also be required to provide us with access to your accounts with third party services (including, but not limited to, Adwords, Facebook, Google Analytics, Shopify, Stripe and such other accounts as may be required from time to time). You must also provide such Verification Documentation as we require. We may also require particular information to comply with our obligations under the Criminal Justice (Money Laundering and Terrorist Financing) Acts 2010 and 2013.

21.2 You will keep this updated throughout the period you are a customer of ours. You acknowledge that a failure to do so may adversely affect our ability to provide the Services to you.

21.3 We may also need to make enquiries about you and your company such as credit checks, identity confirmation and the like. You hereby authorise us to make any checks necessary to enable us to provide the Services to you.

21.4 If we cannot make the verifications required we may refuse or discontinue your use of the Services.

21.5 You will indemnify us against any loss we suffer as a result of your failure to comply with this clause 9.

21.6 We may use your non-identifiable business data for use in benchmarking or similar endeavours to improve our Services for you and other users.

21.7 In the event that your application to use our Services is unsuccessful, we will retain (i) yourRegistration Information, (ii) access to your accounts with third party services (as detailed in clause 9.1) and (iii) Verification Documentation for a period of two years, in case your circumstances change and you become a suitable candidate for our Services or you have any queries. In addition, we may use your non-identifiable business data for use in benchmarking. If you do not consent to any of the uses outlined in this clause 9.7 you should delete your account with us.

22 Use of Your Content

22.1 By providing your content to us in accordance with clause 9 you hereby grant us a non-exclusive, perpetual, royalty free licence to use that content for the purposes of providing theServices.

22.2 You agree that we may disclose such content to third parties who work with us to provide the Services, such as (by way of example only) financial institutions and reference agencies.

22.3 Any personal data which you provide to us is done on a controller to controller basis, and our use of it will be governed by the Privacy Policy.

23 Confidentiality

23.1 Each Party ("Receiving Party") acknowledges that in the course of performing its duties under this Agreement, it may obtainConfidential Information from the other Party ("Disclosing Party").

23.2 The Receiving Party will treat all Confidential Information as secret, confidential, and proprietary, and will not disclose or use the same without the prior written consent of theDisclosing Party, other than to the Receiving Party’s employees and contractors on a need to know basis for the purpose of performing its obligations under this agreement, or as required by law. The Receiving Party will implement such procedures as it considers reasonably necessary to prevent the intentional or negligent disclosure to any third party of any Confidential Information. Notwithstanding the foregoing, nothing in this agreement will prevent the disclosure by the Receiving Party or its employees of information that:

(a) prior to its disclosure to the Receiving Party, was of general public knowledge;

(b) becomes, subsequent to its disclosure to the Receiving Party, a matter of general public knowledge other than as a consequence of a breach by the Receiving Party of any obligation under this Agreement;

(c) is made public by the Disclosing Party; or

(d) is received in good faith from a third party having the right to disclose it, who, to the Receiving Party’s knowledge, did not obtain such information from the Disclosing Party and who imposes no obligation of secrecy on the Receiving Party with respect to such information.

24 Qualification for Services

24.1 You hereby warrant and represent that:

(a) you are a registered company in your jurisdiction;

(b) all of the company's statutory filings are up to date;

(c) no judgments have been registered against the company;

(d) the company's bank account is in the company's jurisdiction;

(e) all directors of the company are over 18;

(f) the directors reside in the company's jurisdiction; and

(g) the company has a valid tax clearance certificate or equivalent in the company's jurisdiction.

24.2 You warrant that you have the required authority on behalf of the company to make use of the Services and to enter into any agreements in connection with them and that the criteria set out in clause 11.1 are all true in respect of your company.

24.3 You understand that meeting all of the criteria in clause 11.1 does not mean that you will be automatically entitled to receive the Services.

25 Provision of the Services

25.1 The promotion of the Services on this site, the completion of an Online Application Process by you, meeting the qualification criteria in clause 11, or any subsequent communication from us does not oblige us to provide any Services to you. All Services are provided at our sole discretion.

25.2 You are solely responsible for determining the suitability of the Services for your use. You assume sole responsibility for results obtained from the use of the site and the Services.

25.3 Before applying for or accepting any Services you should take independent legal, financial and tax advice.

25.4 All warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from these Terms of Business.

26 Intellectual Property Rights

26.1 We are the owner or the licensee of all intellectual property rights in our site, in the material published on it and the Services. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

26.2 You may print off a reasonable number of copies, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others to content posted on our site.

26.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in anyway, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

26.4 Our status and that of any identified contributors, as the authors of content on our site must always be acknowledged.

26.5 You must not use any part of the content on our site for commercial purposes without obtaining a licence todo so from us or our licensors.

26.6 If you print off, copy or download any part of our site in breach of these Terms of Business, your right to use our site and Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

27 No Reliance on Information

27.1 The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

27.2 Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied that the content on our site is accurate, complete or up-to-date.

28 Liability for Breach

28.1 If you breach any provision of these Terms of Business we may:

(a) close, suspend or limit your access to the site; or

(b) decline to process any request for Services or terminate any Services we are providing to you.

28.2 You hereby indemnify, hold harmless, and defend us, our officers, directors, shareholders, and representatives from and against any and all liability, damages, losses, costs, or expenses (including but not limited to attorney's' fees and expenses)incurred in connection with any claim related to:

(a) your breach of any provision of these Terms of Business;

(b) your use of the Services; and

(c) the Registration Information, Verification Documentation, or any other information you supply to us.

29 Limitation of Liability

29.1 Nothing in these Terms ofBusiness excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by Irish law.

29.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

29.3 We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

(a) use of, or inability to use, our site;

(b)use of the Services; or

(c) use of or reliance on any content displayed on our site.

29.4 Subject to clause 16.1, we will not be liable in contract, tort (including negligence) or for breach of statutory duty or in any other way for:

(a) any economic losses (including loss of revenues, profits, contracts, business or anticipated savings);

(b) any loss of goodwill or reputation; or

(c) any special or indirect or consequential losses in any case, whether or not such losses were within the contemplation of the parties at the date you registered on the site, or  subscribed for the Services, or were suffered or incurred by  you arising out of or in connection with the provision of the Services.

29.5 Subject to clause 16.1, our total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation (whether innocent or negligent), restitution or otherwise, arising in connection with the operation of this site, or performance or contemplated performance of the Services, will be limited in any 12 month period (the first of which will commence on the date you first register on the site and subsequently on each anniversary thereof) to an amount equal to any fees paid by you to us during that 12 month period.

29.6 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

29.7 We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

30 Viruses

30.1 We do not guarantee that our site will be secure or free from bugs or viruses.

30.2 You are responsible for configuring your information technology, computer programs and platform in order to access our site. You should use your own virus protection software.

30.3 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.In the event of such a breach, your right to use our site will cease immediately.

31 Third Party Links and Resources in our Site

31.1 Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.

31.2 We have no control over the contents of those sites or resources.

31.3 We may use third party tools (including, but not limited to, TrueLayer (https://truelayer.com/), Yapily (https://www.yapily.com/, Validis (https://validis.com/) and GoCardless (https://gocardless.com/en-ie/) to assist with accessing your data if required. Use of the Services is subject to the terms of business and privacy policy of such third parties.

32 General

32.1 Our remedies under these Terms of Business are cumulative and will not exclude any other remedies to which theParty may be lawfully entitled.

31.2 Our failure to insist on strict performance of any provision of these Terms of Business will not be a waiver of our right to demand strict compliance therewith in the future.

32.3 In the event any provision, clause, sentence, phrase, or word hereof, or the application thereof in any circumstances, is held to be invalid or unenforceable, such invalidity or un-enforceability will not affect the validity or enforceability of the remainder hereof, or of the application of any such provision, sentence, clause, phrase, or word in any other circumstances.

33 Entire Agreement

33.1 These Terms of Business and any other documents referred to herein constitute the entire agreement between you and us and supersede all previous discussions, correspondence, negotiations, arrangements, understandings and agreements between you and us relating to its subject matter.

33.2 You acknowledge that in accepting these Terms of Business you do not rely on, and will have no remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Terms of Business.

33.3 Nothing in this clause will limit or exclude any liability for fraud.

34 Applicable Law

These Terms of Business are governed by Irish law. You hereby submit to the exclusive jurisdiction of theIrish courts.

35 Contact Us

To contact us, please email info@wayflyer.com

Thank you for visiting our site.

Effective Date 7th August 2019